The subject of the contract is the computer program recorded on the data carrier or made available for download, tools, program libraries, scripts, exemplary data, program description, manuals and operating manual plus other associated written material – subsequently referred to as software as well.
The software is protected by both copyrights and international copyright agreements and also by other laws and agreements concerning intellectual property. Use of a non-registered version signifies a breach of this contract.
According to the current state of technology, the occurrence of program errors cannot be completely ruled out for software. The subject of the contract is thus software which is in principle usable in the sense of program description and user instructions.
7ANALYSE GmbH grants the license holder the single, non-exclusive and personal right to use the software on a server and for the number of workstations agreed in writing in the license within the framework of this contract.
The license holder is not permitted to pass the software or the associated written material on to a third party or to make it accessible to a third party, to amend it, to translate it, to reverse engineer it, to decompile it or to disassemble it, to create derivative works from the software or to reproduce the written material, to amend the material or to create derivative works from the written material without the prior written consent of 7ANALYSE GmbH. Any claim to publication of the source code is ruled out.
On receipt of the license of the software, the license holder only takes possession of the physical data carrier on which the software is recorded. The license holder also receives the right of use agreed in this license contract. Any acquisition of rights to the software itself is not connected to this contract. 7ANALYSE GmbH does in particular retain all publication, reproduction, editing and processing rights for the software.
If the attached data carrier or the program itself is marked as a free-trial-version, the use of the software for the license holder within the framework of this license contract is only for test purposes and it is restricted to a time period of 14 days from installation. The use of the software for productive purposes is not permitted. Continued use of the trial version at the end of the trial period of 14 days is an infringement of German and international copyright law.
The program can be used in its entirety following acquisition of a valid license.
The software and the associated written material have copyright protection. If the software is not provided with copy protection, the creation of a single reserve copy is permitted for security purposes.
The license holder is obliged to attach the copyright notice of 7ANALYSE GmbH to the reserve copy or to include it within the copy. Copyright notices present in the software and registration numbers included within it must not be removed.
It is expressly prohibited to copy the software and also the written material or to reproduce it in full or in part in an original or amended form or in a form mixed with other software or included in software or to reproduce it in any other way.
The right to use the software can only be transferred to a third party with prior written consent of 7ANALYSE GmbH and only under the conditions of this contract. Commercial sale of the software, its use as gift or grant in any form, hiring it out or lending it is expressly prohibited.
A pre-requisite for passing on the software is that the license holder passes on the complete software and all copies of it (including all components, the media and printed material) and does not retain any components of the software. The recipient must agree to the provisions of this license contract.
The contract is valid indefinitely. User rights of the license holder concerning this software lapse automatically without notification upon violation of any condition of this contract. If the right of use is terminated, the license holder is obliged to destroy the original data carrier plus all copies of the software including any amended copies plus the written material. The complete destruction must be assured by means of a notarized statement under oath.
The license holder is liable for all damage caused by breaches of copyright which is incurred by 7ANALYSE GmbH as a result of a breach of these contractual provisions by the license holder.
7ANALYSE GmbH is entitled to make updates to the software according to its own judgment. 7ANALYSE GmbH is not obliged to make updates to the program available to those license holders whose software is not registered or if any update fee was not paid.
a) 7ANALYSE GmbH assures the original license holder that the data carrier containing the software and associated material at the point in time of transfer is free of errors under normal operating conditions and under normal maintenance.
b) Should the data carrier be faulty, the license holder can demand a replacement delivery within the warranty period of 6 months from the point of delivery. For this purpose he must return the data carrier including all reserve copies and the written material and a copy of the invoice or receipt concerning the purchase of the software to 7ANALYSE GmbH or the retailer from which the product was purchased. Upon the request of 7ANALYSE GmbH, he must produce a notarized statement under oath stating that no additional copies of the software exist according to his knowledge.
c) If the error in the sense of paragraph 11b is not rectified by a service pack within an appropriate period, the license holder can demand rescission of the contract.
d) 7ANALYSE GmbH does not accept any liability for the freedom of errors of the software for the reasons stated above in §1. In particular, 7ANALYSE GmbH does not in any way guarantee that the software satisfies the requirements and purposes of the license holder or works with other programs selected by him. The responsibility for the correct selection and the consequences of the use of the software and the results intended or achieved with it are borne by the license holder. The same applies for the written and electronic material accompanying the software. If the software is fundamentally unusable in the sense of § 1, the license holder is entitled to rescind the contract. 7ANALYSE GmbH has the same right if the manufacture of usable software in the sense of §1 at an appropriate cost is not possible.
e) Any liability on the part of 7ANALYSE GmbH (also non-contractual) is ruled out to the extent that 7ANALYSE GmbH is not liable on the basis of compelling legal provisions e.g. due to intention or gross negligence, the absence of assured characteristics or breach of significant contractual obligations. If a third party asserts claims against the license holder on the basis of copyrights or in connection with copyrights on account of the delivery which is the subject of the contract, 7ANALYSE GmbH is entitled and obliged according to its own choice and at its own costs with exclusion of further liability to either
- effect a right of use from the holder of disposal rights via copyright or
- change the parts involved in copyright infringement or exchange them for parts which are free of copyright restrictions or
- withdraw the products involved in return for reimbursement of the purchase price.
7ANALYSE GmbH is obliged to test the data carrier delivered to the license holder or the master data carrier emanating from the copying facility in advance, using the latest version of a commercially available virus scanner program and to remove any virus attack. If the data carrier delivered by 7ANALYSE GmbH contains viruses in spite of these measures, any liability on the part of 7ANALYSE GmbH is ruled out.
The law of the Federal Republic of Germany applies exclusively. Leipzig is the place of fulfillment and the place of jurisdiction, provided that the license holder is a registered trader, legal entity under public law or a special fund under public law. 7ANALYSE GmbH is, however, entitled to also invoke the court at the place of jurisdiction of the license holder.